Justification– This means the statements made were actually true. For example, if A was really a convicted criminal, a statement that A was convicted of a criminal offence, is not defamatory.

Fair Comment– This is where the statement made is an honest expression of an opinion about a matter of public interest.

Absolute Privilege– Where a situation or person is covered by absolute privilege, they cannot be sued for statements made even if they are defamatory. An example would be “a fair and accurate and contemporaneous report of proceedings” in court, as well as the “judgment, sentence or finding of such court”.

Qualified Privilege– This covers situations where the maker of the statement has a legal or moral duty to make the statement, or where the statement is made to further a legitimate common interest.

If you have won the defamation suit, you are entitled to monetary compensation. The amount of the compensation granted shall depend on the discretion of the court based on several factors, such as the reputation of the claimant, the seriousness of the defamation, the loss suffered by the claimant as a result of the defamation and the list goes on. Malaysia court has awarded RM 7 million in favour of Tan Sri Vincent Tan for a defamatory articles published in a magazine.

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